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Monday, October 14, 2013

Part 1: The NY DWI Bill of Particulars/Supporting Deposition and 710.30 Notice

What a mouthful, the New York DWI bill of particulars, supporting deposition, and 710.30 notices.
The purpose of my next bunch of blog posts is to take apart this form section by section. What the law enforcement officer (cop, trooper, deputy) has written, checked, or left blank on this form can greatly impact your DWI case and the charges pending against you.

First, what does it look like?

It is a long police form, 11 x 14, often green or white, and having lots of little check off boxes. It can be very flimsy like a carbon copy sheet.

Second, will I always receive one with a NY DWI arrest?

Sometimes they are provided after the arrest along with the UTTs (uniform traffic tickets), sometimes you have to wait for one after your arraignment (initial appearance) date. It will definitely be given after a demand for discovery by your attorney.

Third, what is it?

It is actually three different things (documents) in one, very convenient indeed:

1. Bill of Particulars: A point by point or section by section break down of what they intend to show (demonstrate) to prove the charges they have filed against you.

2. Supporting Deposition: A signed affidavit by the arresting officer attesting to what they observed, instructed, smelled, and heard.

3. 710.30 Notices: What statements they allege you made to the police that they plan on using against you in Court. You are now on notice (apprised) of their intent to use them.

So let us begin at the top of this form,

You are the named defendant (the one charged) with a DWI.

That you are charged by Simplified Traffic Information (usually) the UTTs (uniform traffic tickets) you received form the arresting officer. These will have TSLED numbers for processing. That way the Court of jurisdiction will receive these from the TSLED system electronically.

TSLED = Traffic Safety and Law Enforcement Disposition System. This system is maintained and monitored by the NYS DMV.

When it comes to a New York State DWI: The big triad is The Unified Court System, the DMV, and the police. All must communicate clearly with one another throughout your legal process.

The way it works:

After your DWI arrest the LEO (law enforcement officer) will punch all his information concerning your tickets (charges) into his computer. This will then be logged into the TSLED DMV system, and will then be (eventually) transmitted to the appropriate (traffic) Court.

The grand connection is between the Court, and the police, VIA the NYS DMV. That is why if anything is input "improperly" into this system your driver's license and computerized driving record will be greatly affected.

THE TOP OF THE NEW YORK BILL OF PARTICULARS/SUPPORTING DEPOSITION

New York states that you have been charged with OPERATING A MOTOR VEHICLE (they leave out WHILE) UNDER THE INFLUENCE OF ALCOHOL contrary to section 1192 of New York's Vehicle and traffic law (VTL). New York only has DWIs (driving while intoxicated) or DWAIs (driving while impaired by alcohol and/or drugs). This paragraph can be confusing because New York State has no DUI (driving under the influence) type of charges.

The Undersigned Complainant (this is the police officer), who is complaining against YOU.

Based upon DIRECT knowledge (he witnessed you) UNLESS otherwise specified (below he will state other witnesses and/or proof)

YOU drove a motor vehicle, within the COUNTY, within the JURISDICTION of the Traffic Court (public highway/parking lot) in the city/town/village of ____________ eitherWhile in an INTOXICATED CONDITION = DWI Common LawORHaving a Blood Alcohol Content (breath/blood) = BAC of .08 or more = DWI "Per Se"The next part of the form are labeled 1 through 9 and will be discussed in future blog posts in greater detail.

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 95% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 425 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Casesin New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

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My Practice Philosophy

I personally abhor pretense. Coming from Brooklyn, NY, you can't BS a BSer. As educated or as knowledgeable as I think I am (I have a wife to level me off) I believe everyone deserves respect.

"Question Authority:" I have always questioned authorities. To the dismay of my parents. I dislike unequal and/or unjust relationships (Afterall, I am a Libra). I was born under those scales of justice, and the balance they symbolize.

Authorities to Question and Challenge:

The Government, Law Enforcement, Insurance Companies.

I believe they all need to be kept in check.

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